Straight answers for UK employers.
Short, sourced answers to the HR questions employers ask most, kept up to date as the law changes.
- Right of access, recognition reforms and new rights for union representatives Read the answer
- Six-month time limit for breach of contract claims in Scotland Read the answer
- Consultation on the revised code of practice on dismissal and re-engagement closes Read the answer
- Duty to inform workers of their right to join a trade union Read the answer
- Fire and rehire protections expected to take effect Read the answer
- Bereavement leave and collective redundancy threshold expected Read the answer
Future dates are expected dates and depend on Parliament.
New law and what’s changing
What the Employment Rights Act 2025 and other changes mean, and when.
- How long does an employee have to bring an employment tribunal claim? For problems that happened on or after 1 October 2026, most employment tribunal claims in Great Britain must be started within six months less one day. Where the problem happened before 1 October 2026, the old limit of three months less one day still applies to most claims. Breach of contract claims in Scotland move to six months on 9 November 2026.
- What are the new rules on fire and rehire? From March 2027 (expected, subject to Parliament), dismissing an employee for refusing a change to core terms such as pay, hours, pensions, leave or certain shift patterns will be automatically unfair, unless the employer meets a narrow financial difficulties exemption. Dismissing employees to replace them with non-employees doing substantially the same work will also be automatically unfair in most cases.
- What do the 2026–27 trade union changes mean for employers? The Employment Rights Act 2025 makes recognition and industrial action easier for unions. Several changes already apply, including 10 days' notice of industrial action and simpler recognition. From 30 October 2026 unions gain a statutory right to request workplace access, and from 1 January 2027 employers must tell workers they have the right to join a union. Future dates remain subject to Parliament.
- What does the duty to take all reasonable steps to prevent sexual harassment mean for employers? From 30 October 2026, employers in Great Britain must take all reasonable steps, not just reasonable steps, to prevent sexual harassment of their employees. The same date brings a new duty not to permit harassment of employees by third parties such as customers. What counts as reasonable depends on the employer's size, sector, working environment and resources.
- What happens when an employee makes an employment tribunal claim? In Great Britain, the employee must usually notify Acas first, and Acas offers both sides early conciliation. If that does not resolve things, the employee files a claim, and the employer must respond on form ET3 within 28 days. The tribunal then manages the case, often through a preliminary hearing, before a full hearing and a decision.
- What is changing for zero hours contracts, and when? The Employment Rights Act 2025 will give zero hours and low-hours workers rights to be offered hours reflecting those they regularly work, reasonable notice of shifts, and payment for shifts cancelled, moved or cut short at short notice. None of these rights is in force yet, and the government has not set a start date: timings will follow its consultation.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.
- What is the Fair Work Agency and what does it enforce? The Fair Work Agency is the government body set up on 7 April 2026 to enforce certain workers' rights. It enforces the National Minimum Wage and National Living Wage, regulates employment agencies and businesses, licenses labour suppliers to agriculture and food, tackles serious labour exploitation and penalises unpaid tribunal awards. Holiday pay enforcement is expected to begin in 2027.
- When does the unfair dismissal qualifying period change to six months? The qualifying period for ordinary unfair dismissal claims falls from two years to six months on 1 January 2027. The new rule applies wherever the effective date of termination is on or after 1 January 2027, even if notice was given earlier. The cap on unfair dismissal compensatory awards is removed from the same date.
Pay, sickness and leave
Sick pay, minimum wage, holiday, family leave and flexible working.
- How does statutory sick pay work from April 2026? Since 6 April 2026, statutory sick pay (SSP) is payable from the first full day of sickness absence and no longer depends on earning above the Lower Earnings Limit. The 2026 to 2027 weekly rate is £123.25 or 80% of the employee's average weekly earnings, whichever is lower, for up to 28 weeks.
- How should employers calculate holiday pay, including for irregular hours? Workers get a week's pay for each week of statutory leave, usually averaged over the previous 52 paid weeks where pay varies. For irregular-hours and part-year workers, leave accrues at 12.07% of hours worked in each pay period, and all their leave is paid at their 'normal' rate.
- How should employers handle flexible working requests? Employees can make a statutory flexible working request from day one, up to twice in any 12 months. Employers must handle it reasonably, consult the employee before refusing, and decide within 2 months, including any appeal. Refusal must rest on a listed business reason. A stricter reasonableness test is expected from October 2027.
- What are the current National Minimum Wage and National Living Wage rates? From 1 April 2026 the hourly rates are £12.71 for workers aged 21 and over (National Living Wage), £10.85 for ages 18 to 20, £8 for under-18s and £8 for apprentices. The rates usually change each April.
- What bereavement leave must employers give? In Great Britain today, employees have a right to reasonable unpaid time off when a dependant dies, and to 2 weeks' parental bereavement leave if their child dies under 18 or is stillborn after 24 weeks. A wider right to bereavement leave, including for pregnancy loss, is expected from April 2027.
- What does equal pay law require of employers? Under the Equality Act 2010, men and women must get equal pay and contractual terms for equal work: like work, work rated as equivalent, or work of equal value. A difference is only allowed where it is genuinely explained by something other than sex, such as location or hard-to-recruit skills.
- What is carer's leave? Carer's leave is a day-one right for employees to take up to one week of unpaid leave every 12 months to give or arrange care for a dependant with a long-term care need. It can be taken in half days, full days or a whole week, and employers can postpone it but not refuse it.
- What is neonatal care leave and pay? Neonatal care leave lets eligible parents take up to 12 weeks off, from their first day of employment, when a baby born on or after 6 April 2025 enters neonatal care within 28 days of birth and stays for at least 7 consecutive days. Statutory Neonatal Care Pay needs 26 weeks' service.
- What paternity and unpaid parental leave are employees entitled to? Since 6 April 2026, eligible employees can take up to 2 weeks' paternity leave and up to 18 weeks' unpaid parental leave per child from their first day of employment. Statutory Paternity Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower, and still needs 26 weeks' service.
- Which employers must report their gender pay gap, and what is changing? Employers with 250 or more employees on their snapshot date must report and publish gender pay gap data within a year. Action plans on the gender pay gap and menopause support are currently voluntary and are expected to become mandatory in 2027: March for public authorities and April for private and voluntary sector employers.
Performance, conduct and exits
PIPs, disciplinaries, grievances, protected conversations, redundancy and TUPE.
- Are non-compete clauses and restrictive covenants enforceable? Sometimes. The government's 2025 working paper explains that under current law a non-compete, like any clause in restraint of trade, is unenforceable unless the employer can show it is reasonable, which a court decides if it is challenged. There is currently no statutory limit on non-compete length in force; reform options are still being considered.
- How should a performance improvement plan work? There is no statutory definition of a performance improvement plan (PIP). Acas guidance says that, if informal steps do not work, a PIP should set specific objectives, a reasonable timeline and any support or training needed, be discussed with the employee and confirmed in writing, and make clear what happens if performance does not improve.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- How should employers manage long-term sickness absence? Employers should keep in touch as agreed with the employee, get medical evidence such as an occupational health assessment or, with consent, a GP report, consider whether the employee is disabled and make reasonable adjustments, and explore a phased return or role changes. GOV.UK and Acas describe dismissal for ill health as a last resort after a fair process.
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period is expected to fall to 6 months from 1 January 2027.
- What are the rules on redundancy consultation? Employers should consult every affected employee before deciding on redundancies. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation with representatives must begin at least 30 days (45 days for 100 or more) before the first dismissal, and form HR1 must be submitted. Failure can lead to a protective award of up to 180 days' pay per employee.
- What does TUPE mean for employers? When a business or service transfers to a new employer, TUPE usually moves the assigned employees across automatically on their existing terms, with continuous service and the old employer's liabilities. Both employers must inform and consult representatives, the old employer must pass on employee information at least 4 weeks before transfer, and dismissals because of the transfer are automatically unfair.
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
- What makes a settlement agreement valid? To waive employment tribunal claims, a settlement agreement must be in writing, relate to particular complaints or proceedings, and follow advice to the employee from an insured, relevant independent adviser who is named in the agreement. It must also state that the statutory conditions are satisfied. A general 'full and final settlement' clause is not enough.
- What notice must employers give, and when can they use garden leave? After one month's service, employers must give at least one week's statutory notice, rising to one week per full year from two years' service, up to 12 weeks after 12 years. A longer contractual notice period applies if the contract says so. Garden leave means telling an employee not to work some or all of their notice while paying them as usual.
- What protection do whistleblowers have? In Great Britain, workers who make a protected disclosure are protected from detriment from the start of employment, and employees dismissed mainly for whistleblowing are automatically unfairly dismissed, with no qualifying period and uncapped compensation. Since 6 April 2026, disclosures about sexual harassment can qualify. Contract terms that try to stop protected disclosures are void.
- When can an employer have a protected conversation? An employer can propose ending employment on agreed terms at any stage, even with no existing dispute. Under section 111A of the Employment Rights Act 1996, those pre-termination negotiations are generally inadmissible in an ordinary unfair dismissal claim, but not in discrimination or automatically unfair dismissal claims, and not where there has been improper behaviour.
Equality and protected characteristics
Discrimination, reasonable adjustments, pregnancy, menopause and belief.
- How can employers support neurodivergent employees? Neurodivergence is not a protected characteristic in its own right, but Acas says it will often amount to a disability under the Equality Act 2010, bringing protection from discrimination and a right to reasonable adjustments. Employers should offer support with or without a diagnosis, agree individual adjustments and make recruitment, management and policies neuroinclusive.
- How does the law protect religion or belief at work? Religion or belief is one of the nine protected characteristics in the Equality Act 2010. It covers any religion, any religious or philosophical belief, and having no religion or belief. Employers must not directly or indirectly discriminate, harass or victimise anyone because of it, and Acas says they should try to accommodate related requests where possible.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- What protection do pregnant employees and new mothers have? Pregnant employees are protected from unfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave, and dismissal for those reasons is automatically unfair. They have paid time off for antenatal care, a right to an individual risk assessment and priority for suitable alternative vacancies in a redundancy. Enhanced dismissal protections are expected from October 2027.
- What should employers do about menopause at work? Menopause is not itself a protected characteristic, but less favourable treatment because of menopause symptoms can be age, sex, disability or gender reassignment discrimination. Employers should assess workplace risks, consider adjustments and train managers. Employers with 250 or more employees can publish a voluntary menopause action plan now, and this is expected to become mandatory in 2027.
- When must employers make reasonable adjustments? Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.
Recruitment, data and technology
Right to work, subject access, monitoring, AI and HR systems.
- Can employers monitor their staff? Yes, but the ICO says monitoring must be lawful, fair and transparent under data protection law. Employers need a clear purpose, a lawful basis, the least intrusive method that achieves it, and must tell workers about it. A data protection impact assessment is required for high-risk monitoring, and covert monitoring is justified only in exceptional circumstances.
- Do employers need a hybrid working policy? No law requires a standalone hybrid working policy, but Acas says employers should have one. It helps managers handle requests consistently under the statutory flexible working rules, explains how hybrid arrangements work, and links to health and safety, data protection and contract terms. Flexible working changes under the Employment Rights Act 2025 are expected in October 2027.
- How do employers carry out right to work checks? Before someone starts work, employers should carry out one of three prescribed checks: a manual check of original documents, a Home Office online check using a share code, or a check through a certified digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.
- Should we buy off-the-shelf HR software or build bespoke? It depends on how closely a ready-made product fits your processes, budget and risks. Either way, the employer remains the controller of employee data, so the ICO expects data protection by design and by default, suitable security, clear retention rules and, where a supplier processes data for you, a written contract and evidence that its processing will meet UK GDPR requirements.
- What should employers consider when using AI in recruitment? Employers remain responsible under data protection and equality law when they use AI to source, screen or score candidates. The ICO expects a data protection impact assessment, a lawful basis, clear contracts with the provider, checks for bias, transparency with candidates and minimal data collection. Employers should also plan reasonable adjustments for disabled applicants.
General information for employers in Great Britain, not legal advice. Check the official sources for your situation. Every answer links to the official pages it is based on and shows when it was last reviewed.
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